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the Legislation Year 2003-2004
The Legislation Year 2003-2004
A Summarized Translation of a Speech Given by His Majesty Mohamed the Sixth for
the Openning of the First Parliamentary Session ( From Arabic into English)
The weak representation of women in local councils requires awareness and deep mental change. Women must be encouraged to take part in endeavours related to national development since they have up to now proved to be capable of efficiently working for the sake of national welfare. If women keep being deprived from their righrt, if they keep being marginalized and subjected to aggression, no social development would ever take place. For this matter, a counselling committe, formerly presided by Driss Dhak, is now presided by Mohamed Bousetta. Studying the period of the Mudawana ( the personal status code), has been relegated to the committe. The peronal status code stipulates that:
1 Men and women must be equal. Thus, the status of the family depends upon their discretion. The importance of women with regard to family matters is forged in one of the prophet Mostapha''s citations, Allah''s peace be upon him: " None but a kind man would treat women kindly. None but a treacherous one would harass them"
2: A bride is granted the right to chose her own legal tutor in terms of marriage deeds as soon as she comletes the maturity age. The tutor could be a brother of hers her her father. Tutorship in marriage priviledges women. It would prove to concerned parties that marriage is contracted on counselling rather than on coersion. Coersion is forbidden in Islam.
3 Boys and girls cannot marry before they are eighteen. Such a rule finds an echo in the Malikite doctrine. However, it would be left to the discretion of the judge to lower it whenever he deems it necessary. As to guardianship, being the outcome of divorce, it should come to terms as soon as the concerned child is fifteen.
4 Polygamy is legal since the sharia allows it. However, according to the holy Book, it must be conditioned by the ability of the husband to be just in his dealings with his wives. Allah, be He glorified and honored, negated any scope for justice to mature. No matter how hard would the husband try to treat his wives equally, justice would fail. Thus, polygamy in the present status code is conditioned by necessity. Should it be necessary for a husband to remarry, he should ask for the authorization of the judge. The latter would consider two issues in that: First, he must make sure the husband would be just to his former wife as well as to the children he got by her. Secon, he must make and inquiry into the motives of remarrying
( to be continued another time)
foukara_amina@yahoo.fr
Published: October 22, 2007
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